ADA website accessibility
ADA website accessibility in plain English: how courts and the DOJ treat business websites, what WCAG 2.1 AA means, why overlays are not a fix, and where to start.
ADA website accessibility means making your website usable by people with disabilities: people who are blind and use screen readers, who cannot use a mouse, who have low vision or color blindness, or who are deaf and need captions. The Americans with Disabilities Act does not spell out technical rules for private business websites, but courts and the Department of Justice have widely applied it to them, and WCAG 2.1 level AA is the standard most people use to judge whether a site is accessible.
For a small business, the practical takeaway is this: an accessible website reaches more customers and lowers the risk of a demand letter. I am not a lawyer and this article is not legal advice. If you receive a demand letter or need a legal opinion about your situation, talk to an attorney who handles ADA matters.
How the ADA applies to websites
Title III of the ADA prohibits discrimination by "places of public accommodation", such as stores, restaurants, medical offices, hotels and many service businesses. The law was written in 1990, before business websites existed, so it does not mention them.
Since then, a few things have shaped how it is applied online:
- Court decisions. Many courts have treated business websites as covered, especially when the site is connected to a physical location where customers are served. Courts in different parts of the country have not always agreed, particularly about businesses that exist only online.
- DOJ guidance. In 2022 the Department of Justice published guidance stating that businesses open to the public must make their websites accessible, while leaving them some flexibility in how they do it.
- Rules for government websites. In 2024 the DOJ issued a rule that sets WCAG 2.1 AA as the technical standard for state and local government websites. It does not directly cover private businesses, but it reinforced WCAG 2.1 AA as the common yardstick.
- State laws. Some states have their own civil rights laws that can add claims or damages. Many website accessibility lawsuits and demand letters have been filed in New York, California and Florida, though businesses anywhere can receive them.
Because the law here keeps developing, treat anything you read online, including this article, as a starting point rather than a final answer.
What WCAG 2.1 AA means in practice
The Web Content Accessibility Guidelines (WCAG) are published by the World Wide Web Consortium. Version 2.1 at level AA is the level most often referenced in US settlements and guidance; a newer version, 2.2, adds a few criteria and is a good target for new builds. The guidelines are organized around four ideas: content must be perceivable, operable, understandable and robust. In everyday terms:
| Principle | What it means on a small business site |
|---|---|
| Perceivable | Images have text alternatives, videos have captions, text has enough contrast |
| Operable | Everything works with a keyboard, nothing flashes, users have time to read |
| Understandable | Clear labels on forms, predictable menus, helpful error messages |
| Robust | Clean code that screen readers and other assistive tools can interpret |
10 fixes to start with
These cover many of the problems I see on small business sites:
- Alt text on meaningful images. Describe what matters: "Technician installing a tankless water heater", not "IMG_2047". Decorative images get empty alt text.
- Color contrast. Light gray text on white looks elegant and is hard to read. Check contrast with a free contrast checker.
- Keyboard navigation. Press Tab through your homepage. Can you reach the menu, every link and the form? Can you see where you are?
- Form labels. Every field needs a visible label, not just placeholder text that disappears when you type.
- Clear error messages. "Please enter a phone number with area code" instead of a red border with no explanation.
- Headings in order. One main heading per page, then logical subheadings. Screen reader users navigate by headings.
- Descriptive links. "See drain cleaning prices" instead of "Click here".
- Captions on videos. Auto-captions are a start; review and correct them.
- Resizable text. The page should still work when text is enlarged to 200%.
- Accessible booking and payment. Third-party widgets count as part of your site in the eyes of your customers. Test them too.
Why overlays are not a fix
You may have seen ads for a single line of code that makes any site "ADA compliant". These overlay tools add a toolbar and attempt automatic fixes. Many accessibility experts and disabled users report that overlays do not fix the underlying code and can interfere with the assistive technology people already use. Businesses using overlays have still received lawsuits. In 2025 the FTC also took action against one overlay vendor over its marketing claims.
An overlay is not illegal, but it is not a substitute for building and fixing the site itself.
What to do if you receive a demand letter
Do not ignore it, and do not panic. Contact an attorney experienced in ADA website matters before responding. In parallel, document the current state of your site, start an accessibility review and fix obvious problems. Your attorney will advise on the next steps; my role, if you work with me, is the technical side: the audit and the fixes.
Accessibility helps your business too
Accessible sites are easier for everyone: older customers with weaker eyesight, people on a phone in bright sun, anyone in a hurry. Clear labels, readable text and logical structure tend to improve conversions and help search engines understand your pages. An accessibility statement on your site, describing your efforts and how to report a problem, shows good faith; mine is on the accessibility page.
How I approach accessibility
When I build a website, I use WCAG 2.1 AA as the working target from the first design: contrast, keyboard navigation, form labels, headings, alt text and tested forms. I can also review an existing site and list issues by priority. More about this on my website accessibility page. Accessible design overlaps a lot with mobile usability, so the mobile website checklist is a useful companion. I do not issue certificates or promise that a site cannot be sued; nobody honestly can. What I can do is build it properly and explain what was done.
If you want a second look at your site, a free consultation is a good place to start.
Related reading: what the other legal pages a US business website needs are, and my website pricing if you are planning a rebuild.
Let’s talk
about your business
Before the call I review your website and ads. After the call you get an action plan and a price range in writing.
12+ years in online marketing, 100+ clients. I build websites, Google Ads and Meta ads campaigns, CRMs and automations for small and mid-sized businesses. About me →
Accessibility
questions
Does the ADA apply to my small business website?
If your business serves the public, there is a real chance that a court would treat your website as covered, especially if it is connected to a physical location. Courts have not been fully consistent, and state laws add another layer. Talk to an attorney for advice about your specific situation.
Is WCAG 2.1 AA required by law?
For private businesses, no federal regulation currently names a specific standard. WCAG 2.1 AA is the reference most often used in DOJ guidance, settlements and expert reviews, so it is the sensible target. Newer sites can aim for WCAG 2.2, which builds on 2.1.
Will an accessibility overlay protect me from lawsuits?
There is no evidence that it reliably does. Overlays try to patch problems automatically, but many issues need fixes in the code and content. Businesses using overlays have still been sued. Fixing the site itself is the safer investment.
How much does it cost to make a website accessible?
It depends on the site's size and how it was built. Small fixes like alt text, contrast and labels can be quick. Sites built on heavy themes with inaccessible widgets sometimes need a rebuild. For new sites, building accessibly from the start costs much less than retrofitting later.
Find the barriers
on your website
Send me your website address. I'll check the basics, from contrast and keyboard navigation to forms and alt text, and tell you which fixes come first.